KANWALJIT SINGH v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

CACV 392/2025, [2026] HKCA 784

On Appeal From [2025] HKCFI 2373

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 392 OF 2025

(ON APPEAL FROM HCAL NO 308 OF 2025)

________________________

_____________________

________________________

JUDGMENT

________________________

The Court:

INTRODUCTION

1.  This is the Applicant’s appeal against the order of Deputy High Court Judge Reuden Lai (“the Judge”) dated 4 June 2025, refusing to grant leave to apply for judicial review of the decision of the Torture Claims Appeal Board/Non-refoulement Claims Petition Office (“the Board”) dated 15 January 2025 (“the Board’s Decision”).

BACKGROUND

2.  The Applicant is a national of India.  On 6 September 2024, the Applicant lodged a non-refoulement claim on the basis that, if refouled, he would be harmed or killed by his uncle because of a land dispute.[1]  The Applicant’s claim was rejected by the Director of Immigration (“the Director”) on 29 October 2024, and the appeal against the Director’s decision was rejected by the Board on 15 January 2025.  Details of the Applicant’s claim and the Board’s reasons for rejecting the Applicant’s appeal can be found in the Form CALL-1 dated 4 June 2025.[2] 

3.  The Applicant’s application for leave to apply for judicial review was refused by the Judge on 4 June 2025.  Details of the Judge’s reasons for refusing to grant leave can be found in the Form CALL-1. 

GROUNDS OF APPEAL

4.  In the Notice of Appeal filed on 12 June 2025, the Applicant states that:

“1. It is evident from the Director’s Decision that the director has failed to appreciate or give the proper importance or weightage to the presence of state acquiescence in the applicant’s case. This resulted in an unfair outcome, where the applicant’s non-refoulement claim was rejected.

2. The applicant submits that the Director, the Adjudicator, and the Court failed to consider this argument or that the Director did not give sufficient weight to it before reaching the Decision.

3. The Adjudicator failed to conduct adequate inquiries before finalizing the determination. The Adjudicator stated that I had failed to provide any credible evidence to prove the material elements of my claim.

4. Surprisingly, in the applicant’s Decision, the Director included meanings from relevant COI’s that suited the applicant’s pre-conceived conclusion. This demonstrates a clear case of unfair attitude shown by the Director, which in itself is sufficient to render the applicant’s Decision void.

5. The grounds of this appeal are that the gravity of the applicant’s circumstances has not been properly weighed or realized by both the putative Respondents when considering the application’s non-refoulement claim. The Applicant request an opportunity to present the applicant’s case adequately.” (sic)

5.  The Applicant has failed to lodge written submissions in support of the appeal in accordance with the directions given by the Registrar of Civil Appeals on 29 December 2025.  Accordingly, the Applicant is deemed to have waived the right to have an oral hearing of the appeal and elect to have the appeal disposed of on paper.  Having considered the documents before us, we consider that it is appropriate to deal with the Applicant’s appeal on paper without an oral hearing.

DISCUSSION & DISPOSITION

6.  In an appeal against refusal of leave to apply for judicial review in non-refoulement cases, the Court of Appeal would only examine the decision of the judge in light of the grounds advanced by the applicant.  If no viable ground is put forward to reverse the judge’s decision, the appeal should be dismissed.  The Court of Appeal’s role is not to examine the Board’s decision afresh as if it was a fresh application for judicial review (see Nupur Mst v Director of Immigration[2018] HKCA 524, at §14(6)).

7.  The assessment of evidence, country of origin information, risk of harm, state protection and viability of internal relocation are primarily within the province of the Board and the Director. The court will not intervene by way of judicial review unless there are errors of law or procedural unfairness or irrationality in the decision of the Board: Re Kartini[2019] HKCA 1022.  

8.  The matters raised in the Applicant’s Notice of Appeal do not constitute any valid grounds of appeal against the Judge’s decision.  For the Applicant has simply failed to identify or show any error in the Judge’s decision, or raise any viable ground of appeal against the judge’s order. 

9.  The Applicant’s appeal has no merit, and is dismissed.

[1]Form CALL-1, §3.

[2] Refer to Form CALL-1, §§2-8 for the basis of claim, and §§20-22 for the Board’s reasons for dismissing the appeal.